1980-1981-ZBA APPEALS - BLACKBOOK

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A copy of a letter dated May 7, 1981 from Joseph J. Reardon, Town Counsel and addressed to Harold Collins, Building Inspector, was read into the record. Copies of both Mr. Collin's and Mr. Reardon's letters are attached hereto and incorporated herein by reference. The Board found that the Harris property was located in a R-1, residential zone and that a building permit was issued on February 25, 1981 to John O. Harris to build a tower on 45 James Circle "to be used to mount a cycloturbine generator." The height of the tower as originally shown upon the permit was 60 feet. At some point the 116011' was crossed out and 118011' was inserted. The Board finds that the proposed tower would not be in harmony with the general purpose and intent of this residentially zoned area and would adversely effect the residential use thereof. The Board voted unanimously that the decision of the Building Inspector contained in his letter dated May 7, 1981, be upheld and confirmed. In examination of the Mashpee Zoning By-Laws indicates as follows: Paragraph 2.28 defines the term structure as "a combination of material assembled at a fixed location to give support or shelter such as a building, tower, framework, platform, bin, sign or the like". The word building is also defined in Section 2.04 as including "the word structure unless the context unequivocable indicates otherwise". Thus, the Board finds that a tower is not only a structure, but is also a building within the Zoning By-Laws. Thus, all requirements as to setback, sideline, rear line, maximum height and maximum percentage of lot coverage would have to be met by a tower such as this. The Board further finds that Section 6.1 of the By-Laws provides that "no building structure or land should be used or occupied except for the purposes as setforth in the accompanying table of use, Regulation 5, Section 6.311. Section 6.3 does -2-